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Category:Legal-Motion
MONTHYEARML24204A1512024-05-17017 May 2024
05.17.24 Petitioners Motion to Extend Time to File Petition for Rehearing
ML24088A0252024-03-27027 March 2024
03.27.24 Respondents Motion for Extension
ML23268A0532023-09-25025 September 2023
NRC Staff Unopposed Motion Requesting Leave to Responds to the San Luis Obispo Mothers for Peace and Friends of the Earth Hearing Request and Request to Suspend Operations
ML23228A0052023-08-16016 August 2023
San Luis Obispo Mothers for Peace'S Unopposed Motion for Extension of Time to Respond to Pacific Gas and Electric Company'S Brief on Appeal of LBP-23-07
ML16068A0062016-03-0707 March 2016
Petitioners Reply to Motion to Hold Abeyance 3-7-16
ML16043A5182016-02-11011 February 2016
Petitioner'S Motion to Hold the Case in Abeyance 2-11-16
ML15272A3782015-09-25025 September 2015
Foe Response to Motion to Govern
ML15212A7322015-07-31031 July 2015
Pacific Gas and Electric Company'S Motion for Summary Disposition on Contention EC 1
ML15162A9772015-06-11011 June 2015
NRC Staff Answer Opposing the Friends of the Earth Motion to Allow Supplemental Briefing
ML15156B5212015-06-0505 June 2015
Petitioner Friends of the Earth'S Motion to Allow Supplemental Briefing
ML15120A5692015-04-30030 April 2015
Notice of Appearance Daniel Straus for NRC Staff
ML15105A6142015-04-0909 April 2015
14-1213(D.C.Cir.) Intervenors Response to Motion to Supplement
ML15104A3022015-04-0707 April 2015
14-1213(D.C.Cir.) Respondents Response to Petitioner'S Motion to Supplement the Record (Filed)
ML15085A4142015-03-25025 March 2015
14-1213 Motion to Supplement
ML15085A4412015-03-23023 March 2015
14-1213 Motion to Supplement Exhibit 2
ML15085A4392015-03-23023 March 2015
14-1213 Motion to Supplement Exhibit 1
ML15057A6182015-02-26026 February 2015
14-1213 Respondents Motion to Defer Briefing Schedule
ML15030A4912015-01-30030 January 2015
NRC Staff Motion Regarding Dr Michael Peck Email to the Board
ML15030A4882015-01-30030 January 2015
Joint Motion to Correct the Transcript
ML15014A5092015-01-0808 January 2015
14-1213 (D.C.Cir.) Respondents' Reply (Filed)
ML15014A5042014-12-29029 December 2014
14-1213(D.C.Cir.)PG&E Response to Motion to Dismiss
ML15012A5362014-12-10010 December 2014
14-1213(D.C.Cir.)Respondents Motion to Dismiss (Filed)
ML14308A5322014-11-0303 November 2014
Notice of Appearance of Joseph A. Lindell on Behalf of the U.S. Nuclear Regulatory Commission in the Matter of Diablo Canyon, Units 1 and 2
ML14259A5762014-09-16016 September 2014
NRC Staff'S Unopposed Motion to Clarify or Set a Filing Schedule for the Petition to Intervene and Request for Hearing by Friends of the Earth Concerning Diablo Canyon
ML11257A1602011-09-14014 September 2011
Joint Motion to Amend Deadline for Initial Disclosures on Contentions TC-1 and EC-4
ML1112604662011-05-0606 May 2011
Petitioners' Motion for Modification of the Commission'S April 19, 2011, Order to Permit a Consolidated Reply; Petitioners' Reply . . . Certificate of Counsel Regarding Consultation; Certificate of Service
ML1031306162010-11-0909 November 2010
Joint Motion for Protective Order
ML1016904082010-06-18018 June 2010
NRC Staff'S Unopposed Motion to Correct the Transcript of the Oral Argument Held on May 26, 2010
ML0720402732007-07-18018 July 2007
San Luis Obispo Mothers for Peace'S Motion for Leave to Reply to Pg&E'S and NRC Staff'S Oppositions to Slomfp'S Contentions and Request for a Hearing Regarding Diablo Canyon Environmental Assessment Supplement, with Accompanying Reply
ML0715000332007-05-29029 May 2007
Diablo Canyon ISFSI - Supplement to the EA
ML0715000302007-05-29029 May 2007
Diablo Canyon ISFSI - NRC Staff'S Supplement to Environmental Assessment and Notice of Appearance for Lisa B. Clark
ML0715000372007-05-24024 May 2007
Diablo Canyon ISFSI - Notice of Availability of the Supplement
ML0717601322007-05-0202 May 2007
5/2/2007 - Respondents' Unopposed Motion for Panel Referral to Mediation Between San Luis Obispo Mothers for Peace V. USNRC and Pacific Gas and Electric Company; No. 03-74628
ML0717601282007-04-16016 April 2007
4/16/2007 - Respondents' Response to Petitioners Motion for Attorney'S Fees and Costs Between San Luis Obispo Mother for Peace, Sierra Club & Peg Pinard, V. USNRC and Pacific Gas & Electric Company; No. 03-74628
ML0717601622007-03-20020 March 2007
3/20/2007 - Respondents' Second Unopposed Motion for Extension of Time Between San Luis Obispo Mothers for Peace, Petitioners, V. USNRC, Respondents and Pacific Gas and Electric Company, Intervenor; No. 03-74628
ML0717601512007-02-22022 February 2007
2/22/2007 - Respondents' Unopposed Motion for Extension of Time Between San Luis Obispo Mothers for Peace, Petitioners V. USNRC, Respondents, and Pacific Gas and Electric Company, Intervenor; No. 03-74628
ML0717601442007-02-14014 February 2007
2/14/2007 - Petitioner'S Motion for Attorney'S Fees and Costs Under Eaja Between San Luis Obispo Mothers for Peace V. USNRC and Pacific Gas & Electric Co.; No. 03-74628
ML0704002642007-02-0505 February 2007
Response by San Luis Obispo Mothers for Peace, Sierra Club, and Peg Pinard to PG&E Motion for Prompt Commission Action
ML0627703302006-09-28028 September 2006
Answer of Pacific Gas and Electric Company to Motion for Partial Reconsideration of CLI-06-23
ML0627101002006-09-18018 September 2006
Motion by San Luis Obispo Mothers for Peace, Sierra Club, and Peg Pinard for Partial Reconsideration of CL1-06-23
ML0436502452004-11-10010 November 2004
Motion by Intervenor, Dated 11/10/04
ML0420202992004-07-0909 July 2004
Notice of Motion and Motion of the City of Palo Alto for Order Directing Payment of Reasonable Attorneys' Fees and Costs Pursuant to Section 503(b)(3)(D), 503(b)(3)(F) and -503(b)(4), and Supporting Memorandum of Points and Authorities
ML0420203022004-07-0808 July 2004
Declaration of Grant Kolling in Support of Motion of City of Palo Alto for Order Directing Payment of Reasonable Attorney Fees and Costs
ML0413303752004-05-0505 May 2004
Pacific Gas and Electric Company'S Response to City of Santa Clara Request for Order Declaring Transfer Orders Null and Void
ML0411703032004-04-23023 April 2004
City of Santa Clara, California'S Response to Pacific Gas and Electric Company'S Motion to Terminate Proceeding
ML0411304202004-04-13013 April 2004
Pacific Gas and Electric Company'S Motion to Terminate Proceeding
ML0430200632004-03-31031 March 2004
Federal Respondents' Unopposed Motion for Extension of Time, Dated 3/31/04
ML0404403202004-02-0606 February 2004
Notice of Motion and Motion for Approval Re Disputed Claims Escrow Accounts; Memorandum of Points-And Authorities in Support Thereof
ML0404403172004-02-0606 February 2004
Notice of Motion and Motion for Extension of Time to Object to Certain Proofs of Claim and for Related Relief; Memorandum of Points and Authorities in Support Thereof (Supporting Declaration of Kermit Kubitz Filed Separately)
ML0403706062004-01-29029 January 2004
Notice of Motion and Motion for Authority to Establish Cash-Collateralized Letter of Credit Program and Facility to Secure Gas Purchases, and to Incur Secured Debt Related Thereto; Memorandum of Points and Authorities in Support Thereof (Su
2024-05-17
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IS IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT NORTHERN CALIFORNIA POWER
- AGENCY,
-Petitioner V. No.03-1184 NUCLEAR REGULATORY COMMISSION and UNITED STATES OF AMERICA, Respondents MOTION OF THE NORTHERN CALIFORNIA POWER AGENCY TO HOLD PROCEEDING IN ABEYANCE Pursuant to Circuit Rule 27, Petitioner the Northern Califomia Power Agency (NPCA") respectfully requests that this proceeding be held in abeyance.
Due to recent developments in the Nuclear Regulatory Commission (NRC")
Dockets 50-275 and 50-323, in which the orders on review were issued, and in the Pacific Gas and Electric Company's (TG&E") Chapter 11 bankruptcy proceeding, it is possible the orders below will be nullified and in turn that this appeal will become moot. NCPA has conferred with counsel for Respondent, the Nuclear Regulatory Commission, and is informed that the Commission does not oppose this motion, but reserves its right to file a dispositive motion in this case. Pacific 1
Gas and Electric Company, which has not yet intervened in this case but will file to intervene shortly, does not oppose this motion.
On June 26, 2003, the Pacific Gas and Electric Company submitted a motion to hold the proceedings in NRC dockets 50-275 and 50-323 in abeyance in order to allow time for approvals and conditions precedent to a proposed settlement in PG&E's bankruptcy proceeding to take place, events that will take a lengthy, but unspecified time in PG&E's estimate, and may not occur at all. PG&E's motion makes clear that the settlement, if executed, will nullify the need for the NRC approvals, as PG&E's motion states, 'If successful, the bankruptcy settlement would eliminate the need for the license transfer approval previously granted and moot all matters still pending before the Commission related to the above-captioned dockets." (PG&E Motion at 1).
This appeal is closely related to an appeal filed by NCPA on February 25, 2003, Case No. 03-1038. The Court's June 26, 2003 scheduling order in that proceeding established a deadline of August 14, 2003, for NCPA's Initial Brief, with final briefs to be submitted in November 2003. NCPA filed a motion to hold tat proceeding in abeyance on July 1, 2003, on the ground that the reasonable possibility that the appeal will be rendered moot given PG&E's request to hold the NRC proceeding below in abeyance constitutes the sort of extraordinary circumstances necessary to justify suspension of an established procedural 2
schedule. The Court has not yet acted on NCPA's motion in that case. NCPA asks that this proceeding be held in abeyance for the same reason. The orders under review in this appeal may likewise be nullified by approval of the PG&E settlement.
For the foregoing reasons, NCPA asks that this proceeding be held in abeyance in the interest of judicial economy.
Respectfully submitted, bier~~~~~o Robert Mciarmid Ben Finkelstein Andrea G. Lonian Attorneys for NCPA Law Offices of:
Spiegel & McDiarmid 1333 New Hampshire Avenue, NW Washington, DC 20036 (202) 879-4000 July 14,2003 3
IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Northern California Power Agency, Petitioner,
- v. No. 03-1184 Nuclear Regulatory Commission; United States of America, Respondents CERTIFICATE OF PARTIES AND AMICI OF THE NORTHERN CALIFORNIA POWER AGENCY Pursuant to Circuit Rule 28(a)(1), Petitioner, the Northern California Power Agency (NCPA") respectfully submits this Certificate as to Parties, Rules, and Related cases:
PARTIES AND AMICI In the agency proceedings below, Nuclear Regulatory Commission Docket Nos. 50-275, 50-323, the following parties appeared:
- Pacific Gas & Electric Company
I t
- Transmission Agency of Northern California, M-S-R Public Power Agency, Modesto Irrigation District, the California Cities of Santa Clara, Redding, and Palo Alto, and Trinity Public Utility District
- Official Committee of Unsecured Creditors of PG&E
- County of San Luis Obispo, CA Before this Court, the Parties are the Petitioner Northern California Power Agency and the Respondents Nuclear Regulatory Commission and United States of America.
RULINGS UNDER REVIEW Pacific Gas and Electric Co. (Diablo Canyon Nuclear Power Plant, Units I and 2), Order Approving Transfer of icenses from Pacific Gas and Electric Company to Electric Generation, LLC and Diablo Canyon LLC, and Approving Conforming Amendments (TAC Nos. MB3523 and MC 3524) (May 27,2003).
RELATED CASES Northern CaliforniaPowerAgency v. Nuclear Regulatory Commission and United States ofAmerica, U.S. Court of Appeals for the D.C. Circuit Case No. 03-1038.
In that case NCPA seeks review of the February 2003 orders of the Nuclear Regulatory Commission ("NRC") approving the transfer of PG&E facilities in the matter of Diablo Canyon Nuclear Power Plant, Units 1 and 2, Docket Nos. 50-275 2
and 50-323. The legal issues and parties involved in that appeal are substantially similar to those involved in this case.
Respectfully submitted, Robert C. armd Ben Finkelstein Andrea G. Lonian Attorneys for NCPA Law Offices of:
Spiegel & McDiarmid 1333 New Hampshire Avenue, NW Washington, DC 20036 (202) 879-4000 July 14, 2003 3
CERTfFICATE OF SERVICE I hereby certify that I have on this 14th day of July, 2003, caused the foregoing documents to be served upon each person listed below, in accordance with Fed. R. App. P. 25(b):
Served via first class mail:
Grace H. Kim, Attorney John F. Cordes, Jr., Solicitor E. Leo Slaggie, Deputy U.S. Nuclear Regulatory Commission (NRC) General Counsel Mail Stop OGC- MS 15 D21 Washington, D.C. 20555 U.S. Department of Justice Civil Division 950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530-0001 Andrea G. Lonian Law Offices of:
Spiegel & McDiarmid 1333 New Hampshire Avenue, NW Washington, DC 20036 (202) 879-4000
